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Co-author of Measure 49 to head state agency

The Oregonian
11/10/2007, 2:38 p.m. PT

SALEM, Ore. (AP) — A longtime Oregon Department of Justice attorney who helped author the Measure 49 land use referendum will become head of the Department of Land Conservation and Development on Jan. 2.

Richard Whitman, 51, an experienced land use attorney, will replace Lane Shetterly, who returned to his family's law practice in August.

Whitman's appointment was praised by organizations that seldom agree -- the conservationist 1000 Friends of Oregon and the property rights group Oregonians in Action.

"Personally, I like him, I think he's a good guy - certainly a good lawyer," said Oregonians in Action President Dave Hunnicutt.

"This sounds like a great stroke for DLCD," said 1000 Friends Director Bob Stacey. "Richard isn't flamboyant or probably not even gregarious, but he is very smart, insightful, and I hear nothing but good things about how his colleagues and administrative staff regard him at the Department of Justice."

Whitman was recommended by Shetterly, said John VanLandingham, chairman of the Land Conservation and Development Commission.

The seven-member citizen group, which sets land use goals for the state, selected Whitman in consultation with Gov. Ted Kulongoski's office.

Whitman helped Democratic legislators draft Measure 49, the 21-page revision of Measure 37 that passed easily in Tuesday's election.

The decision modifies Measure 37 and gives claimants the right to build a few houses but prohibits giant subdivisions and commercial and industrial development permitted under Measure 37.

Stacey of 1000 Friends said Whitman turned a complicated proposal into a "clear and carefully drafted piece of legislation."

"He was the legal brains in the room," Stacey said. "This was legislation that required a clear understanding of how land use laws work and how Measure 37 worked."

The development limits of Measure 49 take effect Dec. 6, and numerous questions remain about how it will be implemented. Despite an emotional and expensive election campaign, Whitman said Measure 49 is probably not the department's most important issue.

"It has many other things going on," Whitman said. Among them is resumption of the "Big Look" task force, which was reviewing the state's land use system. The 2007 Legislature cut off the funding.

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